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Can OT Scientists Settle an Intra-Office Debate? Are Police Dogs Real Officers?

Posted on 5/18/16 at 9:58 am
Posted by Womski
Squire Creek
Member since Aug 2011
2762 posts
Posted on 5/18/16 at 9:58 am
Tensions are high, and life-long friendships on the verge of collapsing at the feet of this question:

Q: If you were to kill a police dog while he was serving in the line of duty, could you be charged with felony murder/cop killing?

I get the impression that most here value the life of dogs more than some humans beings, so this may not be the most scientifically-sound forum to ask this question, but I am looking for a definitive legal answer from those in the know.





EDIT: Regardless of the current state of K-9s in police forces, SHOULD you be charged with killing an officer?

Seems a little far-fetched to me. I was always taught that dogs don't have souls like people, so we can't even expect to see them in heaven. But cop sympathizers will probably lean the other way on this one.
This post was edited on 5/18/16 at 10:09 am
Posted by DaTroof
Louisiana
Member since Jun 2015
976 posts
Posted on 5/18/16 at 10:00 am to
quote:

I am looking for a definitive legal answer from those in the know


You've come to the right place, sir
Posted by Spilled Milk
Member since Mar 2015
1075 posts
Posted on 5/18/16 at 10:00 am to
quote:

Q: If you were to kill a police dog while he was serving in the line of duty, could you be charged with felony murder/cop killing?

Yes
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58333 posts
Posted on 5/18/16 at 10:00 am to
If my aunt had a dick, would she be my uncle?
Posted by RB10
Member since Nov 2010
43811 posts
Posted on 5/18/16 at 10:00 am to
If you touch a police dog, or even a police horse, you can be charged with assaulting an officer.

So, yes. If you kill a police dog you will be charged with murdering an officer.
This post was edited on 5/18/16 at 10:03 am
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134857 posts
Posted on 5/18/16 at 10:01 am to
The fact that they selectively treat them as officers is bullshite. Did the cop that left the police dog in the hot car with the windows up get charged with killing a cop? No.

They're fricking dogs, not people.

A casket for a dog? Get the frick outta here.
Posted by wilceaux
Austin, TX
Member since Apr 2004
12405 posts
Posted on 5/18/16 at 10:02 am to
Not sure what having a science background has to do with the question.
Posted by The Mick
Member since Oct 2010
43103 posts
Posted on 5/18/16 at 10:02 am to
Varies by state


edit: I see now there is a federal law protecting all LE animals (dogs, horses, etc).

This post was edited on 5/18/16 at 10:06 am
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 5/18/16 at 10:06 am to
quote:

Are Police Dogs Real Officers?
According to Police Commissioner Frank Reagan (Tom Selleck) on Blue Bloods they are.
Posted by Ash Williams
South of i-10
Member since May 2009
18146 posts
Posted on 5/18/16 at 10:08 am to
In Louisiana you can get 1-3 years for injuring or killing a police dog

And $5000-$10,000 fine

See La. R.S. 14:102.8
Posted by Huey Lewis
BR
Member since Oct 2013
4652 posts
Posted on 5/18/16 at 10:08 am to
quote:

Q: If you were to kill a police dog while he was serving in the line of duty, could you be charged with felony murder/cop killing?


It depends on specific State statutes but generally no. In Louisiana, for instance, killing an officer in the performance of his official duties is a first degree murder per LRS 14:30.
(Relevant portions)

A. First degree murder is the killing of a human being:
(2) When the offender has a specific intent to kill or to inflict great bodily harm upon a fireman, peace officer, or civilian employee of the Louisiana State Police Crime Laboratory or any other forensic laboratory engaged in the performance of his lawful duties, or when the specific intent to kill or to inflict great bodily harm is directly related to the victim's status as a fireman, peace officer, or civilian employee.


B.(1) For the purposes of Paragraph (A)(2) of this Section, the term "peace officer" means any peace officer, as defined in R.S. 40:2402, and includes any constable, marshal, deputy marshal, sheriff, deputy sheriff, local or state policeman, commissioned wildlife enforcement agent, federal law enforcement officer, jail or prison guard, parole officer, probation officer, judge, attorney general, assistant attorney general, attorney general's investigator, district attorney, assistant district attorney, or district attorney's investigator, coroner, deputy coroner, or coroner investigator.


Per 40:2402
(3)(a) "Peace officer" means any full-time employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department. (b) "Peace officer" shall also include those sheriff's deputies whose duties include the care, custody, and control of inmates. (c) "Peace officer" shall also include full-time military police officers within the Military Department, State of Louisiana. (d) "Peace officer" shall also include full-time security personnel employed by the Supreme Court of the state of Louisiana. (4) "Training center" means any school, academy, institute, or any place of learning whatsoever, which offers or conducts a law enforcement training course.


ETA:
Like Ash said..

LRS 14:102.8
102.8. Injuring or killing of a police animal
A. Injuring or killing of a police animal is the intentional infliction of great bodily harm, permanent disability, or death upon a police animal.
B. As used in this Section:
(1) "Police animal" means:
(a) Any dog which is owned or the service of which is used by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.

(b) Any dog which is owned or the service of which is used by any public safety agency and which is trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search for possibly deceased individuals and in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of a public safety agency.
(c) Any horse which is used by a state or local law enforcement officer in the course of his official duty.
(2) "Public safety agency" means any agency of the state or political subdivision of the state which provides or has authority to provide law enforcement, fire protection, emergency medical services, emergency preparedness services, or any other type of emergency services.
C. It shall be an affirmative defense to a prosecution under this Section when the injuring or killing of a police animal is committed with the reasonable belief by one not involved in or being apprehended for the commission of any offense or by one taken into custody that:
(1) He is in imminent danger of losing his life or receiving great bodily harm and that the injuring or killing is necessary to save himself from that danger.
(2) Another person not involved in or being apprehended for the commission of any offense is in imminent danger of losing his life or receiving great bodily harm and that the injury or killing is necessary to save that person from that danger.
(3) His animal or other property not involved in the commission of any offense or in the apprehension of any person for an offense is in imminent danger of being destroyed or receiving grave injury or damage that may result in its destruction.
D.(1) Whoever commits the crime of injuring or killing of a police animal shall be fined not less than five thousand dollars nor more than ten thousand dollars, or imprisoned with or without hard labor for not less than one year nor more than three years, or both.
(2) Upon a second or subsequent conviction, regardless of whether the second or subsequent offense occurred before or after the first conviction, the offender shall be fined not less than five thousand dollars and not more than ten thousand dollars, or imprisoned with or without hard labor for not less than five years nor more than seven years, or both.
E. In addition to the foregoing penalties, a person convicted under this Section shall be ordered to make full restitution to the public safety agency suffering a financial loss from the injury or killing of a police animal. If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
This post was edited on 5/18/16 at 10:12 am
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
101919 posts
Posted on 5/18/16 at 10:08 am to
quote:

Q: If you were to kill a police dog while he was serving in the line of duty, could you be charged with felony murder/cop killing?


Yes.

quote:

Are Police Dogs Real Officers?


They are treated as such legally.

quote:

I get the impression that most here value the life of dogs more than some humans beings


Most human beings.
Posted by The Mick
Member since Oct 2010
43103 posts
Posted on 5/18/16 at 10:10 am to
Check the federal laws now.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
59612 posts
Posted on 5/18/16 at 10:13 am to
quote:

or even a police horse


I know someone who was ran over by a police horse in the FQ and got charged with assaulting it.

he had a hoof print on his back
Posted by Womski
Squire Creek
Member since Aug 2011
2762 posts
Posted on 5/18/16 at 10:14 am to
Do police dogs get paid? Or are we talking slave labor here?

Some will argue being taken care of and fed is payment enough, but if I was dog, I would rather be born into the royalty that my dogs are so I could have the benefit of endless woods and a lake all day, versus being conscripted into a dangerous term of indentured service.
Posted by RB10
Member since Nov 2010
43811 posts
Posted on 5/18/16 at 10:15 am to
quote:

I know someone who was ran over by a police horse in the FQ and got charged with assaulting it.


I knew someone who ran up behind one and got kicked. He was also charged.

Mountie's don't play that shite.
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
59612 posts
Posted on 5/18/16 at 10:15 am to
PDLM
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 5/18/16 at 10:17 am to
From a SHOULD standpoint I think there should be consistency with the laws regarding murder and should be based on species.

Murdering a HUMAN LEO should be the same crime as murdering ANY OTHER HUMAN.

Murdering a DOG K-9 should be the same crime as murdering ANY OTHER DOG.
This post was edited on 5/18/16 at 10:24 am
Posted by SmoothOperator96
TD Premium Member
Member since Jan 2016
4042 posts
Posted on 5/18/16 at 10:28 am to
Posted by Champagne
Already Conquered USA.
Member since Oct 2007
48324 posts
Posted on 5/18/16 at 10:45 am to
I never in my life for one minute believed that a dog could be a real police officer until the day I saw one writing a ticket for an old lady that ran a stop sign.
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